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MAR S 1990 



fcAW LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDERS 

PROPOSED RULES 

Economic and Community 
Development 

Education 

Environment, Health, and 
Natural Resources 

Social Work, Certification 
Board for 

State Personnel 

FINAL RULES 

List of Rules Codified 



ISSUE DATE: MARCH 1 , 1 990 
Volume 4 • Issue 23 • Pages 1 140-1 162 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Caroluia Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will topically comprise appro.ximately fift>- pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each count>' in the state and to 
various state officials and institutions. The North Carohna 
Register is a\'ailable by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North CaroUna 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how- 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\'ision of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carohna Register before the agency 
ma>' conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agenc>' 
must file an>- adopted or amended rule for approxal by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request b>' the agen- 
cy, the adopted xersion will again be published in the 
North Carohna Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed \\ith the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agenc>'. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary- 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, ^ 
whichever is less. An agency adopting a temporary rule m 
must begin normal rule-making procedures on the per- i 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 359-0 is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is di\-ided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is axailable in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
se\en hundred and fifty dollars ($750.00). In- 
di\-idual \-olumes may also be purchased with 
supplement ser\'ice. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or \-olumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefulh-. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carohna Register is cited bv \-olume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the Nortli Cai'ohna Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement serx'ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\-en hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer ll(>f>6 

Raleigh, .\C 276114 

(919) 733 - 2678 



EXECl n\ E ORDERS 

Executive Orders 103-105. 



.1140 



n. PROPOSED Rl LES 

Economic and Coniniiinity 
Development 

I'nergy Di\ision 1 142 

Education 

I'lcmentaiy and SeciMidap,' 1143 

Environment, Health, and 
Natural Resources 
Wildlife Resources 

Commission 1 142 

Licensing Board 
Certification Board 

for Social Work 1144 

State Personnel 
State Personnel Commission.. 1 145 



.Julian .Mann 111, 

Director 
James R. ScarccUa Sr., 

Deputy Director 
Molly Masich, 

Director A P. I Services 



in. EINAL Rl EES 

List of Rules Codified 1 149 



IV. CUMLLAin E INDEX. 



159 



Staff: 

Ruby Creech, 

Puhlicciliiifis Canrdinalor 
Teresa Kil|">atnck. 

lulitinial . \ssisiaiil 
.lean Shirlex . 

lulildruil . I wisiiUii 



NORTH CAROLINA REGISTER 

Publication Schedule 

(January 1990 - December 1991) 



Issue 


Last Dav 


Last Dav 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 


Date 








Agency 




**+**±*± 


++++++++ 


*+****+* 


******** 


******** 


01 02 90 


12,'07/89 


12 14 89 


02 01 90 


05 01 90 


01 16 90 


12 20,89 


12 29 89 


02 1 5 90 


05 01 90 


02 01 90 


01 1090 


01 18 90 


03 03 90 


06 01 90 


02 15 90 


01 25 90 


02 01 90 


03 17 90 


06 01 90 


03 0190 


02 08 90 


02 15 90 


03 31 90 


07 01 90 


03 15 90 


02 22,90 


03 0190 


04 14 90 


07 01 90 


04 02 90 


03 12 90 


03 19 90 


05 02 90 


08 01 90 


04 16 90 


03 23 90 


03 30 90 


05 16 90 


08 01 90 


05 01 90 


04 09 90 


04 17 90 


05 31 90 


09 01 90 


05 15 90 


04 24 90 


05 01 90 


06 14 QO 


09 01 90 


06 01 90 


05 10 90 


05 17 90 


07 01 90 


10 01 90 


06 15 90 


05 24 90 


06 0190 


07 15 90 


10 01 90 


07,02 90 


06 1 1 90 


06,18 90 


OS 01 90 


11 01 90 


07, 16 90 


06 '22. 90 


06'29 90 


OS 15 90 


11 01 90 


08,01 90 


07/11,90 


07 IS 90 


OS 31 90 


12 01 90 


OS 15 90 


0725,90 


08/01,90 


09 14 90 


12 01,90 


09 04 90 


08 13,90 


08,'20 90 


10 04 90 


01 01 91 


09 14 90 


08 24 90 


08,3190 


in 14 90 • 


01 01 91 


10 01 90 


09 10 90 


09 17 90 


ID 31 90 


(12 01 91 


10 15 90 


09 25 90 


10 02 90 


11 14 90 


02 01 91 


11 01 90 


10 11 90 


10 IS 90 


1 1 30 90 


03 01 91 


1115 90 


10 24 90 


10 3190 


12 14 90 


03 0191 


12 U3 90 


11 08 90 


11 15 90 


01 02 91 


04 01 91 


12 14 90 


11 21 90 


1 1 30 90 


01 13 91 


04 01 91 


01 02 91 


12 07 90 


12 14 90 


02 01 91 


05 01 91 


02 01 91 


01 1091 


01 IS 91 


03 03 91 


06 01 91 


03 01 91 


02 08 91 


02 15 91 


03 31 91 


07 01 91 


04 1 91 


03 11 91 


03 IS 91 


05 01 91 


OS 01 91 


05,01 91 


04 10 91 


04 17 91 


05 31 91 


09 01 91 


06 03 9 1 


05 10 91 


05 17 91 


07 03 91 


10 01 91 


07 01 QI 


06 10 91 


06 17 91 


07 31 91 


11 01 91 


OS 01 91 


07 11 91 


07 18 91 


OS 31 91 


1201 91 


09 03 91 


OS 12 91 


OS 19 91 


10 03 91 


01 01 92 


10 01 91 


09 10 91 


09 17 91 


10 3M1 


02 01 92 


11 01 91 


10 11 91 


10 18,91 


12 01 91 


03 01 92 


12 02 91 


11,0791 


11,14 91 


01 01 92 


04 1 92 



* The "Earliest F.ffeciive Date" is computed assuming that t/ie public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administralhr Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the tide at the next calendar month meeting. 



EXECUTIVE ORDERS 



KXECL FIVE ORDKR MJMBFR 103 
EXTENSION OK EXECL I IVE ORDER NLMBER 

100 

Whereas, at the request of the Governor of 
South Carolina and for the purpose of relieving 
human suffering caused by Hurricane Hugo, by 
Executive Order Numbers 98 and 100, I ordered 
the waiving of weight restrictions, licensing and 
tax requirements for vehicles transporting, out of 
South Carolina, trees uprooted or damaged by 
Hurricane Hugo; and 

Whereas, Executive Order Number 100 expired 
on February 3, 1990; and 

Whereas, the Governor of South Carolina has 
requested me to extend the efTecti\e date of 
Executive Order Number 100; and 

Whereas, extensive tree damage occurred \s itliin 
North Carolina as a result of Hurricane Hugo 
and the North Carolina forestry- industr\' has re- 
quested that the terms and conditions of Execu- 
tive Order Number 100 be clarified; 

Now therefore, pursuant to Chapter 166A, the 
North Carolina Emergency Management Act, 
and by the authority vested in me as Governor 
of the State of North Carolina by the Constitu- 
tion and laws of this state, and with the concur- 
rence of the Council of State; IT IS ORDERED: 

That the term of Executive Order Number 100 
is hereby extended until Apnl 15, 1990 subject to 
the following additional conditions; 

Sections 1. The waiver of weight restrictions 
wlU conform to the following guidelines: 

(1) Veliicle weight will not exceed the maxi- 
mum gross vehicle weight criteria established by 
the manufacturer or 90,000 lbs. gross \'ehicle 
weight, whichever is less. 

(2) landem axle weights shaU not exceed 
42,000 lbs. and sinide axle wciglits shall not ex- 
ceed 22,000 lbs. 

Section 2. The terms and conditions of Execu- 
tive Order Number 98 and 100 and the vehicle 
weight guidelines set forth in Sections 1 above 
shall extend to vehicles transporting within North 
Carolina trees uprooted or damaged by Hurri- 
cane Hugo, including field chips. This Order also 
applies to sawmill residues such as bark, chips 
and sawdust derived from such trees and 
produced by any sawmill located in North or 
South Carolina. This Order shall specifically 
exclude milled lumber. 

Section 3. Vehicles transporting forest products 
or by-products allowed under Section 2 above 
are permitted reasonable access to downed tim- 



ber, concentration yards and primary wood- 
processing plants by way of secondary roads; 
provided, however, that posted limitations on 
light-traffic roads and bridges must be observed. 

Section 4. The driver of any vehicle transport- 
ing a cargo which originated in North Carolina 
and for which reUef is claimed under this Order 
shall provide on demand to any law enforcement 
officer identification and authorization issued to 
the owner by personnel designated by the N.C. 
Division of Forest Resources for this purpose. 

Section 5. The North Carolina Department of 
Transportation shaU enforce the conditions set 
forth in Sections I tlirougli 4 in a manner which 
would best accomplish the implementation of 
this Executive Order without endangering the 
motorists on North Carolina roadways. 

This the 6th day of February, 1990. 

EXECL 1 1\ E ORDER NIMBER 104 
AMENDING EXEC L IIVE ORDER NUMBER 90 

WHEREAS, Executive Order Number 90 es- 
tablished the Go\emor's Advisory Council on 
Eiteracy; and 

WHEREAS, our public libraries play a signif- 
icant role in the literacy effort across our State; 
and 

WHEREAS, it has been made to appear that 
the contribution of the Department of Cultural 
Resources will assist the Council in achie\ing its 
goal; 

THERFFORE, by the authonty vested in me 
as Governor by the Constitution and laws of 
North Carolina, it is ORDl RFD: Executive 
Order Number 90 is hereby amended to include 
the Secretary of the Department of Cultural Re- 
sources in its membership as follows: 

Section 2. MEMBFRSHIP 

10. Four members-at-largc to be appointed by 
the Governor; and 

11. The Secretary' of the Department of Cul- 
tural Resources, or the SecrctaPv''s designee. 

This Executive Order shall become effective 
immediately. 

Done in Raleitji, North Carolina, tliis the Sth 
day of FebmarvC 1990. 

EXECL TI\E ORDER NUMBER 105 

EXTENDING EXPIRATION DATE OF 

EXECLTIN E ORDER NIMBER 3 



NORTH CAROLINA REGISTER 



1140 



EXECUTIVE ORDERS 



By the authority vested in me as Governor by der Number 3, and extended by Fxecutive Order 

the Constitution and laws of North Carolina, IT Number 51, is hereby extended, effective May 15, 

IS ORDERED: 1989, through May 15, 1991. 

The North Carolina Advisory Council on Vo- Done in Raleigh, North Carolina, this the 8th 

cational Education, established by Executive Or- day of Eebruary, 1990. 



1141 \()RTH CAROLiy.A REGISTER 



PROPOSED RULES 



TIILE 4 - DEPARTMENT OE ECONOMIC 
& COMMLAITY DEVELOPiMENT 



1\ otice is hereby given in accordance with G.S. 
1 508- 1 2 that the N. C. Department of Economic 
& Community Development Energy Division in- 
tends to amend rule(s) cited as 4 NCAC I2C 
.0007. 

1 he proposed effcctne date of this action is July 
J, 1990. 

1 he public hearing will be conducted at 10:30 
AM on April 2. 1990 at Room 1 1 20D of the Dobhs 
Building. 430 ,V. Salisbury Street. Raleigh, A'. C. 



Co 



'Omment Procedures: Comments received at 
the public hearing will be reviewed for inclusion in 
the North Carolina State Plan. Any interested 
person or organization may send written com- 
ments to the Energy Di\'ision, X. C. Department 
of Economic & Community Development, PO Box 
25249, Raleigh, SC 2761 1, prior to the date of the 
hearihg. All written comments will be become 
part of the record of the hearing, .iny interested 
person or organization desiring an opportunity to 
make an oral presentation at the hearing must file 
a copy of the te.xt of their comments with the En- 
ergy Division at the above address prior to the 
date of the hearing. .4 II oral presentations may 
be limited as to time at the discretion of the 
Hearing Officer. 

CHAPTER 12 -ENERGY 

SLBCHAPTER 12C - ORGANIZATION 

.0007 INS TITLl lONAL CONSERVATION 
PROGRAM 

1 he Department of Cummoroo. Economic and 
Community De\"clopmcnt. l-'ncrgy Division, has 
adopted a State Plan for Technical Assistance 
and Energy Conservation Measures: Grant 
Programs for Schools and Hospitals and for 
Buildings Owned by Units of Local Govemmcnt 
and Pubhc Care Institutions, as amended Augu i Lit 
h -W^ February 7, 1900, pursuant to Title" III 
of the National Energy Conservation Policy Act 
of 1978 (Public Law'95-619, 92 Stat. 3206, 42 
U.S.C. Section S201 et. seq.). This State Plan, 
and an\" future ami'iidmcnts to this plan arc in- 
con^ioratcd herein bv reference and is adopted m 
this Rule by reterence as if written herein word 
for word. Copies of the State Plan ma>" be ob- 
tained from the Energy Division, North Carolina 
Department of Commorco, Fconomic and Com- 



munity Development, Post Office Box 25249, 
Raleigh, North Carolina 27611. 

Statutory Authority G.S. J43B-429; 143B-430; 
I43B-43I; I43B-449: 1508-12; Title III NECPA, 
P.P. 95-6/9, 92 Stat. 3206, 42 U.S.C. Section 
S20I, et. seq.. 

TEILE 15A - DEPARTMENT OE 

ENA IRONMENT, HEALTH, .AND 

NATURAL RESOURCES 



ly otice is hereby given in accordance with G.S. 
1508-12 that the North Carolina Wildlife Re- 
sources Commission intends to adopt rulefs) cited 
as /5A NCAC IOC .0110 and I OF .0362. 

1 he proposed effective date of this action is July 
I, 1990. 

1 he public hearing will be conducted at 10 a.m. 
on April 2, 1990 at Room 386. Archdale Building, 
512 N. Salisbury Street, Raleigh, North Carolina. 

C. omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
March 19, 1990 to April 17. 1990. Such written 
comments must be delivered or mailed to the N. 
C. Wildlife Commission, 5/2 N. Salisbury St., 
Raleigh, NC 27611. 

CHAPTER 10 - WILDLII E RESOURCES AND 
\VA lER SAFETY 

SLBCHAPTER IOC - INLAND EISIIING 
REGLLAIIONS 

SECTION .0100 -,ll RISDICTION OK 
AGENCIES: CLASSIFICATION OF \V.\1 ERS 

.0110 PRIMARY NURSERY .VRE.VS 

Pmnars' nursery areas are those areas in which 
\oung tish or crustaceans spend a major portion 
of their initial gi'owing season due to fa\orable 
food, coN'er, bottom type, saUnity, temperature, 
or other factors. The following waters arc desig- 



nated as primar\- nurser>- areas: 
(1) 



(2) 



North Ri\er: 
Board Creek 

stream; 
Deep Creek 

stream; 
Lutz Creek ■ 

stream. 
.Alligator Ri\er: 
Last Lake - Dare County - I-ntiic stream 



- Camden County 
Currituck Count\' 
Currituck Count\ 



Entire 
Entire 
Lntire 



NORTH CAROLINA REGISTER 



1142 



PROPOSED RULES 



Little Alligator Ri\er - Tyrrell County - 
Entire stream. 

(3) Currituck Sound: 

Martin Point Creek - Dare County - Entire 

stream (Jean Guite Creek): 
TuU Creek and Bay - Currituck County - 

Full Bay to mouth of Northwest River: 

TuU Creek from mouth upstream to SR 

1222 bndge. 

(4) Pamlico River: 

Duck Creek - Beaufort County - Entire 

stream: 
Bath Creek - Beaufort County - Entire 

stream: 
Mixons Creek - Beaufort County - Entire 

stream: 
Porter Creek - Beaufort County - Entire 

stream: 
Tooleys Creek - Beaufort County - Entire 

stream: 
Jacobs Creek - Beaufort County - Entire 

stream: 
Jacks Creek - Beaufort County - Entire 

stream: 
Bond Creek - Beaufort County - Entire 

stream: 
Muddy Creek - Beaufort County - Entire 

stream: 

Strawhom Creek - Beaufort County - En- 
tire stream: 
South Prong Wright Creek - Beaufort 

County - Entire stream: 
Jordan Creek - Beaufort County - Entire 

stream. 

(5) Neuse Ri\er: 

Slocum Creek - Craven County - E'ntire 

stream: 
Hancock Creek - Cra\en County - Entire 

stream. 

(6) New Ri\'er: 

French Creek - Onslow County - Entire 
stream: 

New River - Onslow County - US High- 
way P bridge to point 0.75 miles up- 
stream. 

Statutoij Authority G.S. J 13-/32: J / 3- J 34. 

SLBCU.VPTER lOF - MOTORBO.VTS .VND 
W.VTER SAFETY 

SECriON M.MW - EOCAE W .\1ER SAFETY 
REGEE.VEIONS 

.0362 HARNETT COUNTY 

(a) Regulated .\rea. 1 lus Rule applies to the 
following public waters of Harnett Count)': 
(1) .AH waters of the Carolina Lakes witliin 
50 \ards of an\ marked boat launcliina 



ramp, boat service area, boat pier, boat 
dock, boat mooring area, boat storage 
structure, or bridge. 
(2) The marked canal joining Lake Carolina 
to Ski Lake. 

(b) Restricted Zones. Except for authorized 
personnel of State, County, and Municipal gov- 
ernments and emergency response personnel, no 
person shall operate a \'essel in any restricted 
zone marked to prevent entp." by boats, including 
designated swimming areas and danger zones 
near dams and spillways. 

(c) Speed Limit. No person shall operate a 
vessel at greater than no-wake speed within any 
of the regulated areas delineated in Paragraph (a) 
of this Rule. 

(d) Placement and Maintenance of Markers. 
The Board of Commissioners of Harnett County 
is designated as the suitable agency for placement 
and maintenance of markers implementing this 
Rule. Provided the Board exercises its super- 
vision responsibility, they ma\" delegate the actual 
placement and maintenance to some other re- 
sponsible agency, corporation, group, or indi\id- 
u:d. With regard to marking the regulated areas 
and restricted zones described in Paragraphs (a) 
and (b) of this Rule, the supplementary standards 
set forth in Rule .030 Kg) of this Section shall 
apply. 

Statutory Authority G.S. 75.4-3; '^5A-I5. 

TITLE 16 - DEPARTMENT OF PI BLIC 
EDUCATION 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Education in- 
tends to amend nilefsj cited as 16 S'CAC 6C 
.0101 and adopt ndasl cited as 16 S'CAC 6D 
.0105. 

1 he proposed effectixe date of this action is Au- 
gust 1, 1990. 

1 he public hearing will be conducted at 9:30 
a.m. on 16 XCAC 6D .0105: 10:30 a.m. on 16 
.\CAC 6C .0101 on April 2. 1990 at 1st Floor 
Conference Room. Education .Annex I. 21~ IE. 
JotKS St.. Raleigh. \C 2^603-1^12. 

(^ omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 



CIEVPTER 6 - ELEMENTARY AND 
SECOND. VR\ EDUCATION 



1U3 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



SLBCHAPTKR 6C - PKRSONNEL 
SKCTION .0100 - GKNF.RAL PROVISIO^S 

.0101 DEFINITIONS 

As used in this Subchapter: 

(5) "Part-time employee" means a person em- 
ployed for hatf kf«e ef moro at least 15 
hours per week. 

Aulhoritv N.C. Constitulion, Article IX, Sec. 5; 
G. S. //5C-2. 

SLBCHAPTF.R 6D - INSTRUCTION 

SECTION .0100 - CLRRICLLLM 

.0105 LSE OF SCHOOL DAY 

(a) Local boards of education are obligated 
both to assure that materials presented to stu- 
dents during the school day are related to the 
curriculum, and to preserve their discretion and 
the discretion of administrators and teachers to 
detennine, within the limits of the prescribed 
curriculum, the materi;ds to be presented to stu- 
dents during the school day and the times during 
which materials selected will be presented. 
Therefore, no local board of education may enter 
into a contract or agreement with any person, 
corporation, association or organization which: 

( 1) limits or impairs its authority and respon- 
sibility, or the authority and responsibility 
of administrators and teachers, to deter- 
mine the materials to be presented to stu- 
dents during the school day; or 

(2) limits or impairs its authority and respon- 
sibihty, or the authority and responsibility 
of administrators and teachers, to deter- 
mine the times during the school day 
when materials will be presented to stu- 
dents. 

(b) Local boards of education are obligated to 
assure that students, as a consequence of the 
compulsory attendance laws, are not made a 
capti\'e audience for ret^uircd viewing, listening 
to, or reading commercial ad\ertising. Theretore, 
no local board of education may enter into any 
contract or agreement with any person, corpo- 
ration, association or organization pursuant to 
which students are regularly required to observe, 
listen to, or read commercial advertising. This 
Rule does not prohibit local boards of education, 
teachers or administrators from requiring stu- 
dents from time to time to observe, listen to, or 
read educational materials that contain commer- 
cial advertising. This Rule also shall not prohibit 
the regular study of advertising as an academic 
subject. 



(c) Any contract or agreement previously made 
by a local board of education in contravention 
of this Rule shall not be renewed by the local 
board. However, any contract or agreement 
previously made by a local board of education 
that results in a violation of the five and one-half 
hour instructional day is hereby declared void 
and unenforceable. 

Aulhoritv N.C. Constitution, Article IX, Sec. 5; 
G.S. use- 1; II5C-2. 

TITLE 21 - OCCL RATIONAL LICENSING 
BOARD 



lyotice is hereby given in accordance with G.S. 
I SOB- 12 that the North Carolina Certification 
Board for Social li'ork intends to amend ride(s) 
cited as 21 NCAC 63 .0104, .0301, and .0403. 

1 he proposed effectiye date of this action is ./uly 
I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on April 5, 1990 at Davidson County Human 
Resource Center, 915 Greensboro Street, { Off N . 
Main St., Business 1-85). Lexington. NC 27292. 

\^omment Procedures: Written comments 
should be sent to Dr. Carl Muinpower, Chair- 
person, N.C. Certification Board for Social Work. 
Ill McDowell St., Asheville, N.C, by March 31, 
1990. 

CHAPTER 63 - CFRIIFICATION BOARD FOR 
SOCIAL \^ OKK 

SECTION .0100 - (;eneral 

.0104 ORGANIZATION OF THE BOARD 

The North Carolina Certification Board for 
Social Work is composed by law of seven mem- 
bers appointed by the governor to staggered 
tenns of tliree years. The composition of the 
board shall include four certified social workers 
(two certified social workers and two certified 
clinical social workers). /Vmong the social 
workers, one member shaU be employed in the 
field of social work education, one member from 
the private sector and one member from the 
public sector. The three remaining members 
shall be from the general public. The board shall 
elect a chairperson, vice chaiiperson and 
secretary-treasurer from its membership to serve 
for a tenn of at least one year. The board shall 
hold at least -W eiizht meetings each year and four 
members shall at all tunes constitute a quonim. 



NORTH CAROLINA REGISTER 



1144 



PROPOSED RULES 



Members of the board are expected to attend all 
meetings. 

Statutory- Authority G.S. 90B-6. 

SKCnON .0300 - EXAMINATIONS 

.0301 WKII TEN EXAMINATIONS 

The board shall administer to all approved ap- 
plicants for certification, a written examination 
at least twic e once a year. The exam shall be 
given in a reasonable, geographic area within the 
state. A national examination selected by the 
board sh;ill serve to evaluate the qualifications of 
applicants tbr certification. 

Statutory- Authority G.S. QOB-6: 90B-7; 938-8. 

SECTION .0400 - RENEWAL OF 
CEKriEICAIION 

.0403 RENEWAL FEES 

(a) A biennial renewal fee of thirty dollar ' j 
(I - ."10 -DO) tiftv dollars 550.00) shall be assessed. 

(b) Persons who fail to apply for renewal prior 
to th& expiration date shall be assessed a mini- 
mum late renewal fee of fifteen dollars ($15.00). 

Statutory Authority G.S. 90B-9ib). 

TH LE 25 - OFFICE OF STATE 
PERSONNEL 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the OSP; State Personnel Commis- 
sion intends to amend rule(s) cited as 25 \CAC 
ID .0303, .0308, .0406, .0605, .0609, .0706 - 
.0708. 



1 he proposed effecttie date of this action is Julv 
I. 1990. 

1 he public hearing will be conducted at 9:00 
a.m. on .April 5. 1990 at Personnel Development 
Center. 101 W. Peace St.. Raleigh. S.C. 



c 



omment Procedures: Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard, OSP, 116 W. 
./ones St.. Raleigh. \.C. 276/1. 

CTIAI'IER I - OFFKE OF S lATE PERSONNEL 

SI IK IIAI'IER II) - COMPENSATION 

SECnON .0300 - PROMO HON 



.0303 EFFECTIVE HATE 

(c) If the desired amount of increase is not 
given on the effective date of the promotion be- 
cause of unavailable funds or equity consider- 
ations, an additional increase(s) up to the fuU 
allowable amount may be gi\en at a later date(s) 
on a current basis. Additional increases are Um- 
ited to two occurrences after the initial promo- 
tional increase and must be awarded within 24 
months of the original effecti\e date of the action. 
If a subsequent promotion, reallocation u£ or 
down, m- demotion or reassitmment occurs, this 
cancels the authorization to grant additional in- 
creases as a result of the pre\ ious promotion. If 
increases are to be given at later dates, a notation 
must be entered on the form stating the reason 
the increase is being delayed and showing the 
dollar amount of the allowable increase, the 
amount given, and the balance that may be given 
later. The personnel actions submitted later 
must r e fL ' rt. ' ncL> t4w original promotion. state 
"Promotional Increase" in the description of 
action block, which will denote that this is a de- 
la\ed increase. 



Statutory Authority G.S. 126-4. 

.0308 SALARY INCREASES 

The purpose of a promotional pay increase is 
to reward the employee for the assumption of 
duties more responsible and more difficult than 
those in the current position. Subject to the 
availability of funds, salar>' increases, not to ex- 
ceed the ma>dmum of the range, may be gi\en in 
accordance with the following; 

(1) Permanent Promotion: 

(a) Salaries at the hinni; rate shall be increased 
to the new hinng rate. 

(b) (-cH -14+e talar i 4+t4J- U* incroa^ed k+ t4*e> 

minimum Frrir* t-4 t-hr' grad e h* vshich pro 
molod t+f (*y f+v-e p e rc^ ' nt. whichL ' VL'r » 
larger. Salanes at^ the minimum rate or 
within the r.iniie shall be increased to the 
new minimum rate of the grade to which 
promoted or hv fi\ c percent. whichc\ cr is 
lanzer. 1 .\ceptions: 

fH \\ hen inlL ' nuil ■. alary equity i-h^ budget 
convid e ratioiT . m- t+k' reeei' i ing vrork t+ftit- 
ef agency aft» iiece '''' aP t '. i*ft4 a 'i pecitic 
oulary fr+t* t+f limitiition i^ publii i hed i+t 
advance nf et piomolioiuil oiler: 

f+tf \\ Ih ' ii *ft einplo' ^ ee \^ demoted ' .'. ilh w& 
changi. ' m- '. aliPi *h4 •' uh -.e ip.ieiitly pro 
moled back H* tl^t* -. am e l e ' ie l. tfee i ^ alaP i ' 
• jhaU remain unchangt ' d afni treat e d a* if 
(+te d e motion hrt4 fti-i4- occurr e d: 

(1 1 It a specific salar> rate or limitation is 
publi-'hed in ad\ance of a promotional 



114"^ 



SORTH CAROLI.XA RECISTER 



PROPOSED RULES 



ofTer because of internal salary equity or 
budtzet considerations in the receiyjng 
work unit or agency, a sal art' increase 
ahoye the salary rate posted is not re- 
quired. ]f this occurs, no salary" increase 
will be appro\ed at a later date, 
(ii) f+ii^ If the employee's salary is aboye the 
maximum as a result of a reallocation 
down, no increase can be gi\en. but the 
sal;ir\' may remain above the ma.ximum. 
(c) fl*^ If the emplosee being promoted has 
had related training and experience which 
exceeds the minimum qualitications for 
the position, the salarv' may be increased 
by more than five percent, the total not 
to exceed five percent for each salary grade 
provided by the promotion. The nature 
and magnitude of the change in jobs, the 
need to maintain equity of salaries within 
the work unit, and other management 
needs must be given consideration when 
making such requests. However, if an 



employee has been reduced to a lo\ser 
salar\' grade through demotion. reassiLm- 
ment. reallocation or salary ranee re\ ision. 
but without a corresponding reduction in 
salar\', and the emplo\ee is later promoted 
to a position with a higher grade, the 
number of gades in the onginal reduction 
shall be considered to have been compen- 
sated and shall not be considered in the 
salan setting procedure in this Rule. 
fe^ ft a probatidnaP i e mpltiVL ' t ' i^ promott ' d 
»fhi A<* oaluP r ' i* »+ t4*<* hiring icit^ ' . t+w 
iialar) ' mu;4 l*e incr e a -.t' d («• tfte hiring R+k* 
fcrf At* grad e to which promoted unt i l t+h* 
L ' mpKn ee Ht eligible fi-vf pL ' mianL ' nl rtf>- 
]HMntnu ' nt. 

(d) If the employee is to receive a pertbmiance 
salar>' increase on the same date as the 
promotion, the increase may be given be- 
fore the promotional increase. 

(e) Only with the prior appro\al of the State 

Personnel Director and only in well- 
documented cases which in\'olve circum- 
stances such as severe labor market 
conditions, unusual change in the scope 
of work, extraordinary qualifications, or 
resolution of serious equity problems will 
salary' increases be considered which 
equate to more than five percent for each 
grade pro\ided by the promotion. Per- 
sonnel tonns must include the justifica- 
tion. 

(f) If an employee is promoted from a class 
for which there is no special entr\- rate 
into a class which has a special cntr\' rate, 
the emplo\"ce's salar)- ma\ be increased 



by the amount of the promotional in- 
crease plus the percent difference between 
the minimum and the special entr>' rate 
authorization. 

Statutory Authority G.S. 126-4. 

SECTION .0400 - DEMOTION 

.0406 S.VLARY R.4TE 

(a) When the employee's current salary falls 
within the range of the lower class, it may remain 
the same or be reduced to any salary in the lower 
range. Exception: When an employee is pro- 
moted or reallocated upward and subsequently 
demoted, »f reassigned, or reallocated downward 
to any lower class w ithin one \ear, the follouing 
shall apply: 

( 1 ) the salary' shall revert to the salan.' being 
paid before the promotion or reallocation, 
plus any increases that would have been 
given had that promotion not occurred; 
~ [2| if to a le\el higher than held before the 

promotion or reallocation, the salar\ shall 



revert to a grade and step permitted bv 2s 
NC. AC ID. Section S)M)(). as though the 
pre\'ious promotion or reallocation had 
not occurred: 
(.1) if io a le\el lower than held before the 
promotion or realliKation. the salar\' shall 
he set in accordance with Paragraph ( 1 ) 
of this Rule, but not to exceed the maxi- 
mum. 



Statutory Authority G.S. 126-4. 

SECTION .0600 - KKAl LOCAIION 

.0605 EFFECTIVE D.VTE 

(c) Salary increases witlrin the range arc op- 
tional and, if recommended, should be given on 
the effective date of the reallocation. If the de- 
sired amount of increase is not gi\en on the ef- 
fective date because of unavailable funds, equity 
considerations or performance, the increase(s), 
up to the full allowable amount, may be gi\en 
at a later date(s) on a cuncnt basis. Total in- 
creases are limited to three occurrences and must 
be awarded within 24 months of the original ef- 
fective date of the action. If a subsequent pro- 
motion, reallocation u£ or d(n\ n. *-»+ demotion 
or reassignment occurs, tlus cancels the authori- 
zation to giant additional increases as a result of 
the previous reallocation. 

(d) If increases arc to be given at later dates, a 
notation must be entered on the fonn stating the 
reason the increase is being delayed and showing 
the dollar amount of the allow;ible increase, the 
amount aven. and the balance that ma\ be liiven 



NORTH CAROLINA REGISTER 



1146 



PROPOSED RULES 



later. The personnel actions submitted later 
must ri ' luronci. ' A* originiil r e dllooation. state 
"Reallocation Increase" in the description of 
action block, which will denote that this is a de- 
layed salar\' increase. If no increase is to be given 
at a later date, no notation is necessary. 

Statiiton Authnriiy G.S. 126-4. 

.0609 REALLOCATION lO A FIIGHER GRADE 

Wlien an employee's position is assigned to a 
higher grade as a result of reallocation, subject to 
the availability of funds and satisfactory em- 
ployee performance, salar>' increases, not to ex- 
ceed the maximum of the range, may be given in 
accordance with the following: 
(3) Salaries withm the range may remain the 
same; or if funds are available and where 
appropriate, individual salary' increases may 
be considered, based on the employee's re- 
lated training and experience which exceeds 
the minimum qualilications tor the position, 
but \k^ total not to exceed five percent for 
each salar>' grade provided by the reallo- 
cation. Salar)' equity within the work unit 
and other management needs must be given 
consideration when making such requests. 
Ho\\e\er. if an empknee has been reduced 
to a lower salar\ tirade thrcuiiih demotion. 



reassignment, reallocation or salary range 
revision, but \\ ithout a corresponding re- 
duction m salan . and the cmplo\ee's posi- 
tion IS later assijined to a higher grade as a 
result of reallocation, the number of grades 
in the original reduction shall he considered 
to have been compensated and shall ncU be 
considered in the salar\ setting procedure m 
this Rule. 
(4) ()nl> with the pnor approval of the State 
i'ersonnel I director and in e.xtreme 



document e d circumstances relating to crit- 
ical positions and well-documented labor 
market conditions will salary' increases be 
considered which equate to more than fi\e 
percent for each grade provided by the real- 
location. Persomiel forms must include the 
justification. 
(5) If the employee is to receive a performance 
salary increase on the same day as the real- 
location, the perfonnance increase m«¥ shall 



be gi\'en before a j. alaPf adju 'i tinL'nt reallo- 
cation increase is considered. 

Stdtulory Authority GS. l2b-4. 

SECTION .0700 -S.\I.AR^ R \NGE REM.SION 

.0706 ASSK;NMKN I lO .\ IIK;IIER t;RADE 



When an employee's position is assigned to a 
higher grade as a result of salar)' range revision, 
subject to the availability of funds and satisfac- 
tory employee performance, salary increases, not 
to exceed the maximum of the range, may be 
given in accordance with the foUowing: 
(3) Salaries within the range may remain the 
same; or if funds are available and where 
appropriate, individual salary increases may 
be considered, the total not to exceed five 
percent for each salar>' grade provided by the 
salary' range revision. Salary equity within 
the work unit and other management needs 
must be given consideration when making 
such requests. I lowever, if an emplo\ee has 
been reduced to a lower salar\' grade through 
demotion, reassignment, reallocation or sal- 
ar\ range re\ision, but v\ithout a corre- 



sponding reduction in salar\', and the 
jmpknee's position [s later assigned to a 



(4 



higher grade as a result of salary range re- 
visicm. the number of grades in the onginal 
reduction shall be considered to ha\'e been 
compensated and shall n(^t he considered in 
the salary setting prtKedure in this Rule. 

It the employee is to receive a performance 
salary increase on the same day as the salar>' 
range revision, the increase may shall be 
given before a range revision increase is 
considered. 



Statutory Authority G.S. 126-4. 

.0707 EFKECnXE DATE 

(b) Salary increases within the range are op- 
tional and, if recommended, should be given on 
the effective date of the salary range revision. If 
the desired amount of increase is not given on the 
effective date because of unavailable tunds, etjuity 
considerations or performance, the increase(s), 
up to the full allowable amount, may be given 
at a later date(s) on a current basis. Total in- 
creases are limited to three occurrences and must 
be awarded within 24 months of the original ef- 
fective date of the action. If a subsequent pro- 
motion, reallocation up or down, t^ demotion 
or reassignment occurs, this cancels the authori- 
zation to grant additional increases as a result of 
the previous salary' range revision. 

(c) If increases are to be gi\en at later dates, a 
notation must be entered on the fonn stating the 
reason the increase is being dclasetl and showing 
the dollar amount of the allowable increase, the 
amount given, and the balance that may be gi\en 
later. The personnel actions submitted later 
must refL'renc e Af original r . alary rangt * rL ' si '. itm. 
stale "Salan' Range Re\ ision" increase m the 
descnption of action block, which will denote 



114- 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



that this is a delayed salary increase. If no in- 
crease is to be given at a later date, no notation 
is necessary. 

Statutory Authority G.S. 126-4. 

.0708 SALARY ADMINISTRATION: SPKCIAL 
ENTRY RATES 

Special entry' rates will be announced as a per- 
cent above the hiring rate and as a rate of pay. 
Agencies e.xperiencing recruitment and retention 
difficulties may elect to use the special entry rates. 
Priority for salary increases shall be given to em- 
ployees whose salaries are at or below special 
entry rates. Salary' increases shall not be given 
to employees whose pertbrmance is not at a sat- 
isfactory level. Salary increases are not 
entitlements and all are subject to the a\ailability 
of funds in the agency budget. When the agency 



decides to use the new rates, salary increases, not 
to exceed the maximum of the range, may be 
given in accordance with the following: 
(2) Salaries at or above the special entry rate 
may be increased by the percent authorized 
above the hiring rate. If funds are not 
available, but become available at a later 
time, increases may be made on a current 
basis. Total increases are limited to three 
occurrences and must be awarded within 24 
months of the original effective date of the 
action. If a subsequent reallocation u£ or 
down, promotion, ef demotion or reassign- 
ment occurs, this cancels the authorization 
to grant additional increases as a result of the 
special entry rate authorization. 

Statutory Authoritv G.S. 126-4. 



NORTH CAROLINA REGISTER 



INS 



FINAL RULES 



Ti 



he List of Rules Codified is a listing of rules thai were filed to be effective in the month indicated. 



IKules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Please contact this office if you have any questions. 

/i dopted rules filed by the Departments of CoiTcction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisiotu ofG.S. I SOB, Article 2 requiring 
publication in the i\.C. Register of proposed rules. 



U, 



pon request from the adopting agency, the text of rules will be published in this section. 



lunctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Coilifioil and are noted as * Correction. These changes do not change the effecti\-e date of the rule. 



NORTH CAROLINA ADMIMSTRATIVE CODE 

LIST OF RULES CODIFIED 

MARCH 1990 



AGENCY 

DF.PARTAIF.NT OF COMMERCE 



ACTION TAKEN 



4 NCAC 11 


.0102 




Temp. .Amended 
Expires 07-09-90 




.0301 




Temp. .Ajnended 
Expires 07-09-90 




.0401 




Temp. Amended 
Expires 07-09-90 


3C 


.0103 




Amended 


17 


.0203 




/Vinended 


18 


.0101 - 


.0104 


Adopted 




.0201 - 


.0202 


Adopted 




.0203 




Temp. Amended 
Expires 07-24-90 




.0204 




Temp. Adopted 
Expires 07-24-90 




.0301 - 


.0303 


Adopted 




.0303 




Temp. Amended 
Expires 07-24-90 




.0304 - 


.0307 


Adopted 




.0308 




Temp. Adopted 
Expires 07-24-90 


DFPXRTMFNT OF CCLTl R \l. RESOCRCES 




7 NCAC 4V 


.0101 - 


,0104 


Adopted 




.0201 - 


.0202 


Adopted 


OKFirES OF THE r;0\FR\OR AND FIECTFN ANT GO\ ERNOR 





1149 



yORTH CAROLINA REGISTER 



FINAL RULES 



9 NCAC 2B Executive Order Number 103 




Eff. February 6, 1990 




Executive Order Number 104 




Eff. February 8, 1990 




Executive Order Number 105 




Eff. Februar)' 8, 1990 




DKI'ARTMKNT OF IHM AN RKSOl RCES 




10 NCAC 3C .1303 


Amended 


.1603- .1604 


y\mended 


.1606 


Amended 


.1703- .1704 


Amended 


.1706 


Amended 


.1708- .1713 


Amended 


.1717 


Amended 


.1801 - .1802 


/Wiended 


.1804 


/\mended 


.1806- .1811 


Repealed 


.1902- .1906 


Amended 


.1908 


Amended 


.1910 - .1913 


/Vmended 


.1916- .1919 


Amended 


.1922- .1923 


Amended 


.1926 


/Vmendcd 


3H .0217 


Amended 


.0513 


Amended 


.1204 


/Vmended 


.1209 


Repealed 


.1306 


Amended 


.1502- .1503 


/Vmendcd 


.1612- .1613 


/Vmended 


3T .0101 


Repealed 


15A .0114 


Repealed 


.0119- .0120 


Amended 


.0123 


/Vmended 


.0127- .0129 


/Vmended 


.0204 


Repealed 


.0205 


/Vmended 


.0214 - .0216 


Amended 


.0218 - ,0220 


Amended 


.0227 


/Vmended 


.0305 


/Vmended 


.0402 


/Vmended 


.0404 - .0406 


/Vmended 


.0504 


/Vmended 


.0606 


/Vmended 


15B .0101 - .0119 


Repealed 


.0301 - .0302 


Repealed 


.0501 - .0506 


Repealed 


.06(11 - .0603 


Repealed 


.0701 - .0705 


Repealed 


.0801 - .0802 


Repealed 


.0901 


Repealed 


15C .0101 - .0123 


Repealed 


.0301 


Repealed 


.0501 - .0502 


Repealed 


.0601 - .0602 


Repealed 



NORTH CAROLINA REGISTER 



II 50 



FINAL RULES 





.0701 - 


.0705 




,0801 - 


.0806 




.0901 - 


.0902 




.1001 - 


.1008 




.1101 - 


.1106 


15D 


.0101 - 


.0113 




.0301 - 


.0302 




.0501 - 


,0504 




.0601 - 


.0602 




.0701 - 


.0710 




.1001 - 


.1002 


15E 


.0101 - 


.0158 




.0301 - 


.0302 




.0501 - 


.0507 




.0602 






.0701 - 


.0708 




.0801 - 


.0814 




.0001 - 


.0906 




.1001 






.1101 - 


.1107 




.1201 - 


.1204 




.1301 - 


.1311 




.1401 






.1501 - 


.1502 


16A 


.0102 - 


.0104 




.0301 - 


.0308 


i6n 


.0101 - 


.0137 




.0301 - 


.0307 




.0401 - 


.0404 


16C 


.0101 - 


.0119 




.0201 - 


.0203 




.0301 - 


.0303 




.0401 - 


.0403 


16D 


.0101 - 


.0127 




.0201 - 


.0207 




.0301 - 


.0306 




.0401 - 


.0409 




.0501 - 


.0503 


16n 


.0001 - 


.0032 


17A 


.0103 
.0106 
.0201 






.0316- 


.0322 


17B 


.0101 - 


.0113 




.0301 - 


.0302 




.0501 - 


.0502 


17C 


.0101 - 


.0118 




.0202 - 


.0205 


17D 


.0101 - 


.0119 




.0202 - 


.0203 


ISA 


.0123 
.0126 
.012S 
.0131 






-0133 - 


.0134 


ISD 


.OllS- 

.0124 

.0126 


.0122 




.0208 - 


.0209 



Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
yVmended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
.Amended 
.Amended 
.Amended 
.Amended 
.Amended 
.Amended 



/ /5 / SOR TH CAROLLM RECLS TER 



FINAL RULES 





.0212 






,0322 - 


.0324 


18E 


.0108 






.0109- 


.0113 




.0215 






.0218 - 


.0221 


18F 


.0218 
.0219 
.0313 
.0315 






.0317- 


.0318 




.0320 




18H 


.0108 






.0113- 


.0114 


18J 


.0118 






.0509 - 


.0510 




.0701 




18L 


.0107- 


.0108 




.0223 - 


.0224 




.0331 






.0428 






.0504 






.0513 






.0601 






.0701 






.0801 - 


.0802 




.0901 






.1001 






.1201 






.1308 






.1401 




18M 


.0107 
.0206 






.0304 - 


.0305 




.0708 






.0817 






.0822 






.0904 






.1101 






.1203 




18N 


.0105 
.0204 
.0209 






.0305 - 


.0307 




.0520 






.0523 - 


.0524 




.0711 




18Q 


.0801 
.0803 
.0811 




18S 


.0101 - 


.0115 




.0206 - 


.0207 




.0301 - 


.0302 




.0401 - 


.0410 


18U 


.0101 - 

.0301 

.0401 

.0701 

.0703 


.0103 



Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
/Vmended 
Amended 
Amended 
/Vmended 
Amended 
Amended 
Amended 
Amended 
/Vmended 
/Vmended 
/Vmended 
/Vmended 
Amended 
/Vmended 
Amended 
Amended 
/Vmended 
Amended 
Amended 
/Vmended 
/Vmended 
/Vmended 
/Vmended 
/Vmended 
Amended 
Repealed 
/Vmended 
Repealed 
Repealed 
/Vmended 
/Vmended 
Amended 
/Vmended 
.Vmended 



NORTH CAROLINA REGISTER 



1 152 



FINAL RULES 





.0801 






.0901 






.1201 






.1203 




18V 


.0001 




20C 


.0121 






.0201 - 


.0206 




.0304 






.0412 




20 F 


.0301 






.0407 - 


.0408 




.0411 - 


.0412 


22E 


.0101 - 
.0107 


.0105 




.0201 - 


.0204 




.0301 - 


.0302 


22F 


.0102 
.0302 




22G 


.0311 






.0605 - 


.0607 




.0804 - 


.0805 




.0902 - 


.0903 


23A 


.0401 - 


.0402 




.0501 - 


.0503 




.0505 




23B 


.0401 




24A 


.0101 - 
.0103 


.0102 




.0201 - 


.0207 




.0301 






.0302 






.0305 






.0306 






.0307 






.0505 






.0507 






.0607 




24 B 


.0101 
.0201 
.0202 
.0204 
.0401 
.0501 
.0503 




25 


.0101 - 
.0109 


.0108 




.0201 - 


.0206 


26B 


.0120 




26C 


.0005 




2611 


.0508 




27 


.0001 - 

.0003 

.0006 

.0008 

.0009 


.0002 


28 


.0001 - 


.0002 


29B 


.0003 




30 


.0101 - 
.0104 


.0102 



Amended 
Amended 
Amended 
/Vmcnded 
Repealed 
Amended 
Amended 
Amended 
yVmended 

* Correction 

* Correction 

* Correction 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 

* Correction 

* Correction 

* Correction 

* Correction 
Repealed 
Amended 
Repealed 
Repealed 
/Vmcndcd 
Repealed 
Amended 
Repealed 
/Vmended 
Amended 
Amended 
Repealed 
Repealed 
Amended 
Amended 
/Vmended 
/Vmended 
Amended 
Amended 
Repealed 
.Vmended 
/Vmended 
Adopted 
Adopted 
Repealed 
Amended 
Repealed 
Repealed 
.Amended 
Repealed 
Amended 
Repealed 
Repealed 



/ /5i SOR TH CA ROL ISA REGIS TER 



FINAL RULES 





.0201 - 


.0202 




.0212 




41H 


.0406 - 


.0408 


49 B 


.0308 




SOB 


.0313 
.0407 




DKF'ARTMFNT OF INSl RANCE 




1 1 NCAC 1 


.0103 






.0106- 


.0107 




.0203 






.0401 - 


.0403 




.0405 






.0601 - 


.0603 


DEPARTMENT OF Jl STICE 


.0103- 




12 NCAC 9 A 


.0104 


93 


.0209 






.0226 - 


.0227 




.0232 - 


.0233 




.0234 






.0304 






.0312 




9C 


.0304 
.0306 
.0309 
.0601 




9E 


.0107 





Repealed 

Amended 

/Vmended 

Temp. Amended 

Expires 08-31-90 

Amended 

Amended 



* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 



rVmcnded 

Amended 

Amended 

Amended 

Adopted 

Amended 

Adopted 

Amended 

Amended 

Amended 

/Vmended 

Amended 



DEPARTMENT OF L.VBOR 



13 



NCAC 



7C .0101 



.Amended 



DEPARTMENT OF EN\ IRONMENT. HEALTH, .\ND NATl RAL RESOl RCES 



5A NCAC 


lA 


.0001 - 


.0002 




IB 


.0101 
.0201 
.0302 
.0401 






IC 


.0101 - 


.0102 






.0201 - 


.0204 






.0301 








.0401 








.0501 








.0503 






ID 


.0101 - 


.0102 






.0201 - 


.0204 






.0302 - 


.0304 




IE 


.0004 - 


.0005 




IF 


.0001 








.0003 - 


.0004 




IG 


.0101 - 


.0102 




2B 


.0308 






7H 


.0308 








.0603 - 


.0604 



/Vmcndcd 
Amended 
Amended 
Amended 
Amended 
Amended 
/Vmended 
.Amended 
/Vmended 
iVmcnded 
Amended 
Amended 
/Vmended 
Amended 
Amended 
/Vmended 
Amended 
/Vmended 
Amended 
Amended 
Adopted 



XORTH CAROLINA REGISTER 



1 154 



FINAL RULES 





.1205 


y\mended 




.1904 


Amended 


7.1 


.0406 


/Vmended 


7M 
9A 


.0901 - .0902 
.1001 - .1002 
.0001 


Adopted 
Adopted 
Amended 


lOJ 


.0002 - .0003 


* Correction 


nKI'AKTMKM OK PI Ml K 


FDFCATION 




16 NCAC 6C 


.0201 - .0202 


Amended 




.0203 - .0204 


Repealed 




.0205 


/Vmended 




.0301 


Amended 




.0304 - .0306 


Amended 




.0309 


Amended 




.0311 


Amended 




.0401 - .0405 


Amended 


6D 


.0105 

.0201 - .0203 


Temp. Adopted 
Expires 08-07-90 
Repealed 




.0204 - .0210 


Adopted 


BOARD OF CERTIIIFn PI Bl IC ACCOl NTAN T F.XAMINFRS 




21 NCAC 8A 


.0301 


Amended 




.0307 


/Vmended 


8C 


.0311 
,0121 


Adopted 
Amended 


8F 


.0103 


Amended 




.0105 


iVmcnded 




.0401 


Amended 




.0502 


/Wiended 


8G 


.0112 


Amended 




.0403 - .0404 


Amended 




.0406 


Amended 




.0409 


Amended 


SII 


.0001 


Amended 




.0003 - .0004 


Amended 


SI 


.0004 


Amended 


8.1 


.0001 


Amended 




.0005 


Amended 


BOARD OF MFDIC AF FXAMINFRS 




21 NCAC 3211 


.0402 - .0403 


Amended 




.0406 


Amended 


BOARD OF M RSING 







{ 



21 NCAC 36 .0109 
.0112 
.0211 
.0218 
.0403 
.0405 



Amended 
x\mended 
rVmended 
iVmended 
.Amended 
Amended 



BOARD OF PIAMBINC; AND 1 IF. MING rONTR.VCTORS 



//55 



SORTH CAROLISA REGISTER 



FINAL RULES 



21 XCAC 50 .1101 -.1103 ^Vmended 

OFFICK OF STATE PERSONNEL 



25 


NCAC 


IE .1003 

IH .0602 

.0604 

IJ .0606 



Amended 
yVmended 
Amended 
Amended 



NORTH CAROLINA REGISTER 1156 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA AD.MINISrRATI\ E CODE 
TITLE DEPARTMENT 

1 Admimstration. Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Economic and Community Development, Department of 

5 Correction. Department of 

6 Council of State 

7 Cultural Resources. Department of 

8 Elections, State Board of 

9 Governor. OtTice of the 

10 Human Resources, Department of 

11 Insurance. Department of 

12 Justice, Department of 

13 Labor. Department of 

14A Crime Control and Public Safety, Department of 

15A Environment, Health, and Natural Resources, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

18 Secretary of State. Department of 
19A Transportation. Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Commumty Colleges. Department of 

24 Independent .Agencies 

25 State Personnef, Office of 

26 Administrative Hearings. Office of 

NOTE; Title 21 contams the chapters of the \anous occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners. Board of 

8 Certified Public Accountant E.xaminers, Board of 

10 Chiropractic E.xaminers. Board of 

12 General Contractors. Licensing Board for 

14 Cosmetic AiX Examiners, Board of 
16 Dental Examiners. Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eoresters, Board of Registration for 

21 Geologists. Board of 

22 Hearing .Aid Dealers and I'itters Board 
26 Landscape .Architects. Liccnsmg Board of 

28 Landscape Contractors, Registration Board of 

31 Marital & Family Therapy Certification Board 

32 Medical Examiners. Board of 

33 Mid\vifcr\' Joint Conimittee 

34 Mortuan.' Science. Board of 

36 Nursing. Board of 

37 Nursing Home .Administrators. Boiad of 

38 Occupational Therapists. Board of 
40 Opticians. Board of 

42 Optometrs". Board of Examiners in 



/ / " NOR TII CAROLINA REGIS TER 



i 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and 1 leating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and Audiologists, Board of Examiners of 
66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 1 I5S 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1- April 

152 - 192 2- April 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478 - 521 9- August 

522 - 584 10- August 

585 - 616 11- September 

617 - 658 12- September 

659 - 712 13- October 

713 - 765 14- October 

766 - 801 15- November 

802 - 825 16- November 

826 - 856 17- December 

857 - 891 18- December 

892 - 929 19- January 

930 - 1020 20- Januar>- 

1021 - 1105 21- Februarv' 

1106 - 1139 22- February- 

1140 - 1162 23- March 



AO - Administratue Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary' Rule 



ADMINISTRATION 

State Construction, 827 PR 

ADMINISTRATn E HEARINGS 

General, 879 PR 
Heanngs Division, 880 PR 
Rules Division, 880 PR 



1159 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



ADMIMSTRATIVE ORDER 

Administrative Order, 4, 152, 802 

AGRICLLTLRE 

Agronomic Services, 1108 PR 

Cotton Warehouse, 220 PR 

Gasoline and Oil Inspection Board, 931 PR 

Markets, 217 PR, 546 PR, 1108 PR 

Pesticide Board, 292 PR 

Plant Conservation Board, 196 PR 

Plant Industry, 153 PR, 218 PR, 895 PR, 1109 PR 

State Fair, 217 PR, 1108 PR 

CO.MMlAn Y COLLEGES 

Board of Community Colleges, 352 PR 

CORRECTION 

Departmental Rules, 815 FR 

Division of Prisons, 472 FR, 646 FR, 759 FR, 817 FR, 883 FR, 1007 FR 

CRIME CONTROL AND PLBLIC SAEETY 

Victim and Justice Scr\'ices, 573 PR 

CULTURAL RESOURCES 

.\rchives and History, 370 PR, 455 PR, 593 PR, 720 PR 

Arts Council, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR 

ECONOMIC AND COMMLNH Y DEVELOPMENT 

Banking Commission, 1023 PR 

Cemetery- Commission, 198 PR, 766 PR 

Community Assistance, 858 PR, 1121 PR 

Credit Union, 1026 PR 

Departmental Rules, 901 PR, 1114 PR 

F.nergy Division, 1 142 PR 

Finance Center, 368 PR 

Hazardous Waste Management Commission, 716 PR, 834 PR, 1119 PR 

Milk Commission, 455 PR, 834 PR 

Seafood Industrial Park Authority, 806 PR 

EDUCATION 

Elementary and Secondary Iducation, 253 PR, 295 PR, 51 1 PR, 739 PR, 843 PR, 1 143 PR 

ELECTIONS, SLATE BOARD OF 

Departmental Rules, 661 PR 

ENATRONMENT, HEAL LI I, AND NATURAL RESOURCES 

Coastal Management, 239 PR, 508 PR, 574 PR, 735 PR, 1078 PR 

Community Assistance, 134 PR 

Departmental Rules, 601 PR 

Economic Opportunity, 178 PR 

Environmental Mana^ement, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 

431 PR, 456 PR, 700 PR, 730 PR, 866 PR, 9^)2 PR, 1072 PR 
Governor's Waste Management Board, 617 C 
Land Resources, 868 PR 
Marine Fisheries, 47 PR, 457 PR, 866 PR 
Wildlife Resources and Water Safetv, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR, 

700 PR, 738 PR, 776 PR, S09 PR, 872 PR, 903 PR, 1 130 PR, 1 142 PR 



NOR TH CA ROLINA REGIS TER 1 160 



CUMULATIVE INDEX 



FINAL DFXISION LKTTERS a 

Voting Rights Act, 5, 193, 367, 523, 587, 618, 659, 714, 803, 857, 1022, 1106 I 

FINAL RL LES 

List of Rules CodiJled, 183 FR. 274 FR, 303 FR, 445 FR, 515 FR. 609 FR, 704 FR. 788 FR, 
847 FR. 1009 FR. 1097 FR, 1 149 FR 

C;()\ KRNOR/LT. G()\ KRNOR 

Fxecutive Orders. 1. 290, 312. 365. 478. 522. 585, 713, 826, 892. 930, 1021. 1140 

HUMAN RESOLRCES 

Aguiii. Di\ision of, 859 PR 

Departmental Rules, 372 PR 

Economic Opportunity. Di\ision of. 1070 PR 

Emplo\'ment Proizxams. 1062 PR 

FaciUty Senices. l99 PR, 377 PR, 594 PR. 1029 PR 

Governor's Waste Manacemcnt Board. 552 PR 

Health Senices. 153 PR."315 PR. 405 PR, 661 PR, 933 PR 

Indi\idual and Familv Support. 1063 PR 

Medical Assistance. l'58 PR. 294 PR. 455 PR. 549 PR, 601 PR. 620 PR, "22 PR, SUS PR. 1068 PR 

.Mental Heahh. Mental Retardation and Substance Abuse Ser\ices. 17 PR, 41" PR, 685 PR, 960 PR 

Ser^iccs for the Bhnd. 1067 PR 

Social Ser\ices. 550 PR. 773 PR 

\'ocational Rehabilitation Services. 7 PR. 766 PR 

Water Treatment Facility Operators Board of Certltication. 549 PR 

INDEPENDENT AGENCIES 

Housing Finance .Agency, 459 PR 

INSIRANCE i 

Admission Requirements, 836 PR 

.Auent Ser\ices Di\ision, 561 PR 

Eiiiiineerins and Buildinsj Codes. 775 PR. 1071 PR 

Fire and Casuahy Division. 202 PR. 479 PR. 689 PR. 986 PR. 1 123 PR 

Lile. Accident arid Health Division, 690 PR 

IISTICE 

.Marm Systems Licensing Board. 991 PR 

Criminal Justice Education and Traininsi Standards Commission. 569 PR. 860 PR 

Pnvate Protective Sen-ices Board. 621 PR. 990 PR 

Sheriff's Education and Training Standards Di\ision, 491 PR 

LICENSING BOARDS 

Architecture. 349 PR 

CPA E.xaminers. 458 PR, 810 PR 

Cosmetic .-Vrt E.xairuners, 1 133 PR 

Fkctncal Contractors, T^41 PR 

General Contractors. 512 PR. 844 PR 

Geologists. Board for Licensing of. S"8 PR 

Landscape .Architects. 443 PR. 756 PR 

Medic:d E.xammers, Board of, 604 PR, "01 PR. 1081 PR 

North Carolina Certification Board for Social \\'ork. 179 PR 

Nursing. Board of. 296 PR. ""8 PR 

Pharmacy. Board of, 108" PR 

Ph\ sical Therapy E.xaminers, 262 PR 

Plumbing and Heating Contractors, "5" PR 

Practicina Psvcholoasts, 606 PR 

Real Estate Commission. 993 PR i 

Sanitarian Examiners, Board of. "S5 PR 1 



1161 .\OR TH CA ROUS A REGIS TER 



CUMULA TIVE INDEX 



Social Work, Certification Board, 1 144 PR 

REVENUE 

Departmental Rules, 885 FR 
Motor Fuels Tax Division, 1093 FR 
Sales and Use Tax, 353 FR 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR, 624 PR, 786 PR, 923 PR, 1145 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

TRANSPORTATION 

Division of Motor Vehicles, 140 FR, 607 FR, 648 FR 



NOR TH CAROLINA REGIS TER 1 162 



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